- (1.) THIS is a plaintiff's appeal against the judgment dated 13-5-1965 of the Civil Judge, Tehri-Garhwal, allowing the respondents' appeal and setting aside the judgment of the Trial Court decreeing the plaintiff's suit for a permanent injunction res training the defendant-respondents from in terfering with his possession of the property in suit
(2.) THE following pedigree is rele vant:- KEDARU 1 Hira Darshana 1 Biju Jeet Ram 1 Anand Ram Indra 1 11 Sunder Jagdish Sri Chand | =Mst. Singh alias Ludra =Rup Maya Jagat Sinsh Dei (Plaintiff) Admittedly, the property in suit which is Khaikari or sub-tenancy land, was part of erstwhile Tehri- Garhwal State situate in Uttar Kashi and, therefore, in view of the provisions of 4remain in force and were actually in force on the date the suit was filed. Admittedly, the land in suit was the sub-tenancy of Jeet Ram who died issue-less. Jagdish alias Jagat Singh plaintiff-ap pellant was brought up by Jeet Ram and his wife Rup Dei since Jagat Singh was a boy aged about 12 years and Jagat Singh used to live in the house of Jeet Ram as a member of his family and used to look after his cultivation even after his death in the lifetime of Rup Dei and Jagat Singh's name appears to have been mutated in the village papers in place of Jeet Ram. The defen dants-respondents admittedly an tenants-in-chief of the land in suit.
(3.) THE only question to be decided in this appeal is whether after the death of the widow of Jeet Ram, Jagat Singh became entitled to inherit the sub-tenancy rights hi the land as an heir of Jeet Ram. In order to determine this it is necessary to interpret the provisions of Section 6 (4) of the Tehri Garhwal Bhumi Sambandhi Adhikar Niyam which is as follows:- "Mrit Khaikar ka Bhai ya Sapinda Warish (Bhai, Bhateeja aadi) kewal us dasha men adhikari hoga jab ki wah us mrit khaikar ke saath jeevit samay men abibhakt kul ki reeti se uske shareek raha ho." ;